APSC FILED Time: 8/27/2014 10:45:13 AM: Recvd 8/27/2014 10:45:10 AM: Docket 14-077-SD-Doc. 1 Arkansas Public Service Commission Docket Summary Cover Sheet (For all dockets other than Rate Cases, "TD", "C'' and "TF" Dockets Must be filed with each oew docket filed at the Commission nocl(ct DOCKETDESJGNATOR: O uD A D R D P ~umber: RELAT ED DOCKETS : [{]so Nature of Act·ion: (See second sheet) PET!TIONERI!NIT!ATING !'ARTY* Brett Garton Simmons Prepared Foods, Inc. P.O. Box 430 Siloam Springs, AR 72761 479-524-8151 (ph) 501 -524-3045 (fax) bgarton@simfoods.com AnORN EYS' NAME . ADDRESS, PHONE. FAX AND E-MATL Andrew McEachern Simmons Prepared Foods, Inc. P.O. Box 430 Siloam Springs, AR 72761 479-215-2213 (ph) 479-215-2772 (fax) andrew.mceachern@simfoods.com •1 fthe m ttmtmg partv ts not a JUrtsdtcttonal utjl itv in Arkansas please provtde mailing address phone fax and e· matl for the cotn panv Pursuant to Rule 2.03(b) of the Commission's Rules of Practice and Procedure, please provide name, address, phone, fax, e-mail of at least one, but not more than two names to appear on the Service List for this docket Brett Garton , P.O. Box 430, Siloam Springs, AR 72761, 479-524-8151 (ph), 501 -524-3045 (fax) bgarton@simfoods.com; Andrew McEachern, P.O . Box 430, Siloam Springs, AR 72761, 479-215-2213 (ph) 479-215-2772 (fax) andrew.mceachern@.simfoods.com Write a brief statement, limited to the space provided herein describing the case that you are filing. Please provide enough infom1ation to assure that the nature of your docket is clear. c Simmons Prepared Foods, Inc. desires to opt-out of the utilities' energy efficiency programs and choose the self-direct option based on ACT 253 as we continuously evaluate and implement energy efficient projects that meet our company goals and objectives. Form completed by: Davida Date: 8/19/14 Representing: Simmons Prepared Foods, Ina 0 APSC FILED Time: 8/27/2014 10:45:13 AM: Recvd 8/27/2014 10:45:10 AM: Docket 14-077-SD-Doc. 1 NATURE OF ACTION: Please choose at least one, but no more than three docket types D ! D [ r 0 Accounting Acquisition/Sales Act 310 of 1981 (Surcharge) Act 821 of 1987 (Cooperatives Rate Change) Administrative Procedures Affiliate Rules Annua l Reports/Assessment Ar Energy Conservation Act(Efficiency Programs) Arbitration Arkansas High Cost Fund Arkansas lntralata Toll Pool Arkansas Universal Service Fund ARSJ Arkansas Relay Service. Inc. Auto Adjustment Avoided Cost CCN Cancellation CCN Facility CCN License CECPN Cost of Gas/Enerq_y seasonal/unscheduled C11stomer release/Abandonment Declaratory Judgment Depreciation Dialing/Numbering Disabilities Act of 1990 Earnings Review El igible Telecommunications Carrier Designation Energy Policy Act Energy/Fuel Purchasing Practices EWG Exempt Wholesale Generator Extended Area Service Extension ofTelecommunications Facilities Fund Extraordinary Property Loss FCC Finance (Bonds/issue & sell; stock; prom note) Grand Gu lf lnle!!Tated Resource Planninl! Tnterconnection Agreements Interest/Customer Deposit Investi aation/JnQ1Iiry Lifeline/link up Market Power Mergerrrransfer Municipal Franchise Tax Net Metering Nuclear Decommissioning One Call D Pipeline Safety Pole attachment issues Protective Order Public Util ity Holding Company Act Public Uti lity Regulatory Policy Act [ Purchase Power Railroad Rates Refund R ep orts Resource Plan R estructuring Retail River Crossin.g Regional Transmission Organiza tion Rulemaking v Self-Direct Certification Service Quality Shielded Outdoor Lighting Show Cause Stranded Costs Sustainable Energy Resources Terms and Conditions Teoitory/release/unallocated territory Transition costs Unbund ling USOA (Uniform System of Accounts) Waiver/Exemption Weather Wholesale W holesale Rate Adjustment 0 - I APSC FILED Time: 8/27/2014 10:45:13 AM: Recvd 8/27/2014 10:45:10 AM: Docket 14-077-SD-Doc. 1 Act 25':1 Notice and Affidavit Pursuant to Arkansas Code Annotated § 23-3-405 for the purpose of Opting-Out of Public Utility-Sponsored Energy Efficiency and Conservation Programs and Measures I, Brett Garton ,hereby submit on behalf of Simmons Prepared Foods, Inc. (the "Nonresidential Business Consumer") this Notice and Affidavit pursuant to Ark Code Ann. § 23-3-405 on June 27 , 2014 I understand, agree, and certify as follows: 1. Brett Garton is a nonresidential business consumer that is classified within sectors 31 through 33 of the North American Industry Classification System, as it existed on January 1, 2013 that chooses to opt out of utility-sponsored energy conservation programs and measures, as it chooses to direct its own nonresidential energy conservation programs. 2. The Nonresidential Business Consumer has (must check at least one): I&1J (a) a peak electrical demand of at least one megawatt (1 MW) at a single fucility; and/ or !vi (b) multiple facilities with identical ownership in a single public utility's service territory with a peak electrical demand that exceeds two hundred kilowatts (200 kW) at each location and an aggregated peak electrical demand of at least one megawatt (1 MvV) for all of the locations; and/or lvl (c) an annual natural gas usage of seventy thousand million British Thermal Units (70,000 MMBtu) at a single facility; and/or !vi (d) multiple facilities vvith identical ownership in a single public utility's service territory with an annual natural gas usage that exceeds fourteen thousand million British Thermal Units (14,000 MMBtu) at each location and an aggregated annual natural gas usage of seventy thousand million British Thermal Units (70,000 MMBh1) for all of the locations. 3 · The Nonresidential Business Consumer has not accepted the installation of or financing or direct monetary compensation in the form of a rebate or incentive to enable the installation of any energy conservation programs and measures by the applicable public utility in the five (5) years precec:ling the date of this affidavit as referenced in Ark. Code Ann. § 23-3-405(c)(2). APSC FILED Time: 8/27/2014 10:45:13 AM: Recvd 8/27/2014 10:45:10 AM: Docket 14-077-SD-Doc. 1 4· The Nonresidential Business Consumer has (must check one): lvl {a) implemented or will implement energy conservation programs and measures or has made or will make an investment designated to provide energy savings for the Nonresidential Business Consumer. The energy conservation programs and measures implemented or to be implemented or the investment made or to be made has provided or is expected to provide energy savings for the Nonresidential Business Consumer in an amount that is at least equal to the energy efficiency goals or standards established by the commission as of the date of this affidavit; and/ or D (b) exhausted its opportunity to economically conduct further meaningful and cost-effective energy conservation programs and measures; and the Nonresidential Business Consumer is unable to realize adequate benefits by participating in the utility-sponsored energy conservation programs and measures for the reasons stated therein. 5· Exhibit A attached hereto accurately identifies each public utility to whom this Notice and Affidavit is directed and each utility account/meter number through which Affiant is served by each public utility. Accordingly, the Nonresidential Business Consumer requests the Commission issue an Order of Compliance pursuant to Ark. Code Ann. § 23-3-405(d)(1) that the Nonresidential Business Consumer has met the requirements of Ark Code Ann.§ 233-405(c) and that the rights and limitations of Ark Code Ann. § 23-3-405(d)(2) apply. AFFIANT CERTIFICATION The undersigned Affiant hereby swears and affirms that the foregoing Act 253 Notice and Affidavit is t e and correct. Brett Garton Signature of Affiant Print or Type Name of Affiant [COMPANY] Dated this ~ day of Ave,J <; +} , 2oB . APSC FILED Time: 8/27/2014 10:45:13 AM: Recvd 8/27/2014 10:45:10 AM: Docket 14-077-SD-Doc. 1 NOTARY CERTIFICATION The foregoing Act 253 Notice and Affidavit was dgly subscribed and sworn to by th~ffiant before me, a Notary Public, on this f'JY1 day of ~~ , 2o...L_.r My Commission Expires: Notary Seal: '' JANIE S. BROWN P11hlir.-Arkonsos Ben t on County My Comm ission Expi res 09-25-2022 Commlss1on # 12390041 Nntn. APSC FILED Time: 8/27/2014 10:45:13 AM: Recvd 8/27/2014 10:45:10 AM: Docket 14-077-SD-Doc. 1 Exhibit A to foregoing Act 253 Notice and Affidavit Simmons Prepared Foods, Inc. 1. Empire District 2. a. A/C# 091433-61-228 Mtr# 90660218 SourceGas a. A/C# 211010019636 Mtr# A179781 b. A/C# 211010019684 Mtr# AS0632 c. A/C# 211010018601 Mtr# A147674 3. OG&E a. A/C# 2072856-4 Mtr# 53467313G b. A/C# 129686283-0 Mtr# 51765030G c. A/C# 129738839-7 Mtr# 50421263G d. A/C# 77234-3 Mtr# 53467749G 4. AOG a. A/C# 45375/193156-1 Mtr# 127541 b. A/C# 102115/321957-1 Mtr# 63611